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2005 Supreme(Bom) 639

P.V.KAKADE, R.M.S.KHANDEPARKAR
V. P. SHETTY – Appellant
Versus
SR. INSPECTOR OF POLICE – Respondent


Judgment

R. M. S. KHANDEPARKAR, J.

( 1 ) HEARD learned advocate for the petitioner and the learned A. P. P. for the respondents. Cri. W. P. No. 1324 of 2005 decided on 6-5-2005. (Bombay)

( 2 ) RULE. By consent, the rule is made returnable forthwith.

( 3 ) APART from the learned advocate appearing for the petitioner and the learned A. P. P. for the respondents, we have also heard the learned advocate for the complainant in the matter.

( 4 ) THE petitioner challenges the F. I. R. No. 133 of 2005 recorded on 30-4- 2005 at Cuffe Parade Police Station, Mumbai. The grievance of the petitioner is that, in spite of the fact that the complaint lodged by the complainant nowhere discloses any offence punishable under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act"), the police have registered the said F. I. R. against the petitioner under the said provisions of the Atrocities Act. The learned advocate appearing for the petitioner, while taking us through the complaint as well as placing reliance in the decision in matter of Bai @ Laxmibai w/o Nivratti Poul and ors. vs. The State of Maharashtra,






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